OMB and SFW Issue Updated COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors

December 16, 2021

The Safer Federal Workforce (SFW) Task Force issued updated Frequently Asked Questions based on Office of Management and Budget (OMB) guidance on non-enforcement of vaccination on Federal contracts and subcontracts. The guidance, which applies to those that had been governed by the vaccination mandates in EO 14042, comes after recent court decisions stayed the effectiveness of those rules pending further legal challenges.

Below is the updated guidance from the OMB and the SWF:

Regarding Applicable Court Orders and Injunctions: The Office of Management and Budget has issued guidance on implementing requirements of Executive Order 14042 while ensuring compliance with applicable court orders and injunctions, including those that are preliminary and may be supplemented, modified, or vacated, depending on the course of ongoing litigation.

  • For existing contracts or contract-like instruments (hereinafter “contracts”) that contain a clause implementing requirements of Executive Order 14042: The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area.
  • Currently Excluded States and Outlying Areas: All of the United States and its outlying areas, including:
    1. The fifty States;
    2. The District of Columbia;
    3. The commonwealths of Puerto Rico and the Northern Mariana Islands;
    4. The territories of American Samoa, Guam, and the United States Virgin Islands; and
    5. The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.
  • NOTE: Federal agency COVID-19 workplace safety protocols for Federal buildings and Federally controlled facilities still apply in all locations. Contractor employees working onsite in those buildings and facilities must still follow Federal agency workplace safety protocols when working onsite.
Related Articles
There are a handful of spots left for the 2024 MCAA Fabrication Conference, September 11-13 in Milwaukee. Our exhibit hall is packed with the latest industry innovations, and we have exciting tours lined up at JM Brennan's mechanical, piping, and sheet metal facilities, as well as MILWAUKEE TOOL's new Redline facility. This is your chance to join an event that’s both informative and inspiring.…
Participating in industry peer groups not only offers a valuable platform for fostering relationships and exchanging expertise within a supportive community but also represents a proven best practice adopted by many successful MCAA contractor members. These groups provide professionals with an opportunity to benchmark their performance, exchange best practices, address common challenges, and gain strategic insights from industry peers.…
MCAA’s Virtual Trade Show connects our contractor members with the members of MCAA’s Manufacturer/Supplier Council.…
In the air- and water-cooled chiller markets, oil-free compression technology is emerging as a more efficient, quieter, more easily applied, and easier-to-maintain alternative to legacy screw compressors. For original equipment manufacturers (OEMs) and end-users of mission-critical chillers in large HVAC applications, oil management adds costs and complexities to system designs—which typically result in declining energy efficiencies throughout their lifecycles.…
Load More...